iPad 2 - Sales of Goods Act Advice needed

Sunscream

In sept 2012 I updated/upgraded my iPad 2’s iOS from iOS7 to iOS8 as the iPad informed me there was an update available, after the installation and restart of my iPad 2 it began to suffer frequent crashes and also reboot loops, upon contacting Apple support I was asked to perform a number of tasks relating to reinstalling the iOS8 software, this included doing a factory default restore and a DFU Mode restore, all of which failed to remedy the situation.

After numerous repeated attempts by myself and Apple Support I was given a Genius Bar appointment to allow a “Apple Genius” to have a look at my iPad 2, I had to wait 8 day’s before an appointment was available . . .

On the day of the Genius appointment I sat with the Genius while he did all the same tasks that both myself and Apples phone/web support had already done, this again did not make any difference and the iPad still crashed or went into a Reboot Loop, it was at this point her told me it was a hardware fault, I should add here that at no point did he run any diagnostics on the iPad or review the crash logs on the iPad . .

I pointed out that I believed that this was caused by the iOS8 update and it worked fine on iOS7 and that I believed that a product should last more than 3years and asked to speak to a Manager, a Manager duely arrived took a look at my iPad (again no diagnostics run or crash logs reviewed) and informed me that it was a hardware fault and unfortuantely due to 2 small dents on my ipad they could not offer me any sort of replacement and then proceeded to tell me that I could purchase a refurbished iPad.

Now obviously I’m a little confused here and intend to visit the store once again this evening, bringing to any conversation I have with them the Sales of Good Act and the relative consumer laws that they have listed on their own website

“"Under consumer law in the UK, consumers are entitled to a free of charge repair or replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. For goods purchased in England or Wales, these rights expire six years from delivery of the goods and for goods purchased in Scotland, these rights expire five years from delivery of the goods."”

Now my concerns is how am I regarding the small dents i.e. Would this/I not be covered by some sort of fair usage/wear and tear, as at the end of the day this is a product that has been in constant use for 3 years and handled daily, so you would expect the odd ding/dent to be on it.

I believe they are tring to either angle that one of these dings/ dent’s has caused the hardware fault (though what exactly is the hardware fault is a guess due to no diagnostics being performed ever on the device by Apple) or that it’s damaged beyond what they hope to call fair usage/wear and tear . .

So anyone got any advice/tips for me for this evening’s visit . .

Thanks in advance

marliepanda

Basically they dont have to offer you anything after 6 months unless you prove it inherently faulty. Dents and dings point to it not being treated with care, bashed, dropped etc so point to misuse rather than an inherent fault. If you strongly believe it's not the case you need to get an independent report saying that it was inherently faulty but after 3 years and with damage I wouldn't bother

JJ_Egan

Unless you bought from Apple SOGA applies to the vendor .

"Under consumer law in the UK, consumers are entitled to a free of charge repair or replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. For goods purchased in England or Wales, these rights expire six years from delivery of the goods and for goods purchased in Scotland, these rights expire five years from delivery of the goods."”

That is an up to six years but as said its up to you to prove the goods are defective or should have reasonably lasted longer .
The reason they did not last longer judged by your post was due to you installing an update .

Sunscream

With regards the ding/dents, there are 2 which I intended to post pictures of as they are literally minuscule, but as a newbie I cant yet post links

As for installing the update, this was an apple approved ios (operating system) update that according to them worked with iPad 2's.

With regards an inherent problem, not sure on that, but it appears from a post I placed on the Apple Support User forums I'm not the only person having problems . .

Just have to go in and stand my ground I guess . . .

agrinnall

Sunscream wrote: »

Just have to go in and stand my ground I guess . . .

You'll be very lucky if that gets you anywhere. As marliepanda has already said, you need to get independent evidence of an inherent fault in order for your claim to be accepted (and as JJ says, you need to claim from the retailer, you still haven't said whether you bought direct from Apple or not).

Sunscream

Apologies, I bought it directly from Apple, queued with all the other sheep outside the Trafford Centre store for 14hrs to get it, was number 6 in the queue . . interesting experience never to be repeated . . . .

With regards an inherent fault, would not the fact that since the Apple Approved iOS update for the iPad 2 this fault has developed, so installing the update has presumably caused the fault, thus it becomes an inherent fault ? (Excuse my ignorance if I'm wrong, all new to me is this)

With regards getting evidence of it being an inherent problem caused by the update any idea's on how I can prove this, as it's literally its me saying it worked before the update with no problems and now after the update it is no longer working in a fit for purpose way . .

unholyangel

JJ_Egan wrote: »

Unless you bought from Apple SOGA applies to the vendor .

"Under consumer law in the UK, consumers are entitled to a free of charge repair or replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. For goods purchased in England or Wales, these rights expire six years from delivery of the goods and for goods purchased in Scotland, these rights expire five years from delivery of the goods."”

That is an up to six years but as said its up to you to prove the goods are defective or should have reasonably lasted longer .
The reason they did not last longer judged by your post was due to you installing an update .

In scotland its actually 5 years from discovery, not 5 years from delivery.

bod1467

Sunscream wrote: »

In sept 2012 I updated/upgraded my iPad 2’s iOS from iOS7 to iOS8 as the iPad informed me there was an update available

I don't believe you.

http://en.wikipedia.org/wiki/History_of_iOS#iOS_8.x

Sunscream

Whoops I mean 2014 mixed my years up lol

JJ_Egan

Sunscream wrote: »

With regards an inherent fault, would not the fact that since the Apple Approved iOS update for the iPad 2 this fault has developed, so installing the update has presumably caused the fault, thus it becomes an inherent fault ? (Excuse my ignorance if I'm wrong, all new to me is this)


I think here the problem is you choose to install an update that was your choice to do so .MS and Apple do not fix faulty PCs or MACS where a download has gone wrong .
However its up to you to prove this under SOGA likewise the expectation that it should last longer . Possibly you could ask the repair centre for the engineers report on this hardware failure or pay for an independent report .

Sunscream

JJ_Egan wrote: »

Sunscream wrote: »

With regards an inherent fault, would not the fact that since the Apple Approved iOS update for the iPad 2 this fault has developed, so installing the update has presumably caused the fault, thus it becomes an inherent fault ? (Excuse my ignorance if I'm wrong, all new to me is this)


I think here the problem is you choose to install an update that was your choice to do so .MS and Apple do not fix faulty PCs or MACS where a download has gone wrong .
However its up to you to prove this under SOGA likewise the expectation that it should last longer . Possibly you could ask the repair centre for the engineers report on this hardware failure or pay for an independent report .

I'll attempt this evening to get Apple to tell me what the hardware fault is and see what they say, though as mentioned previously they did'nt even run any diagnostics or read the crash reports, they just tried installing the software and it also failed and then just said it's a hardware fault, no explanation as to what Hardware was at fault or had failed, just what seemed like a standard answer when confronted with a problem they are not trained to deal with or investigate.

Will ask them directly tonight what the exact fault is and see what they come back with, will be interesting to say the least.